HomeMy WebLinkAboutResolution No. 5251COUNCIL RESOLUTION NO. 5251
APPROVAL OF A RESOLUTION ANNEXING LAND TO THE CITY OF
EUGENE (ASSESSOR'S MAP 18-03-16-30, PORTION OF TAX LOT
100 -LOCATED ON SPRING BOULEVARD).
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
CONSIDERED: November 13, 2018
EFFECTIVE DATE: November 13, 2018
RESOLUTION NO. 5251
APPROVAL OF A RESOLUTION ANNEXING LAND TO THE CITY OF
EUGENE (ASSESSOR'S MAP 18-03-16-30, PORTION OF TAX LOT 100—
LOCATED ON SPRING BOULEVARD).
The City Council of the City of Eugene finds that:
A. An annexation application was submitted on August 27, 2018, by Bill Randall on
behalf of the Margot Zallen Revocable Trust in accordance with the provisions of Section 9.7810
of the Eugene Code, 1971, ("EC') to annex property identified as Assessor's Map 18-03-16-30,
portion of Tax Lot 100, to the City of Eugene.
B. The property proposed to be annexed is depicted on the map attached as Exhibit A
to this Resolution. The legal description of the property proposed to be annexed is attached to this
Resolution as Exhibit B.
C. The City's Planning Director has submitted a written recommendation that the
application be approved based on the criteria of EC 9.7825. The Planning Director's Findings and
Recommendation is attached as Exhibit C.
D. On October 12, 2018, a notice containing a geographical reference to the property,
the assessor's map and tax lot number for the property, a description of the land proposed to be
annexed, and the Planning Director's preliminary recommendation was mailed to the applicant
and owners and occupants of property within 500 feet of the perimeter of the subject property.
The notice advised that the City Council would consider the Planning Director's full
recommendation on the proposed annexation on November 13, 2018. Notice could not be sent to
the applicable neighborhood group or community organization officially recognized by the City
Council as required by EC 9.7820 because the property proposed to be annexed is not located
within an area with an officially recognized neighborhood group or community organization.
Upon annexation, the annexed property will become part of the Southeast Neighbors organization.
E. After considering the Planning Director's recommendation, the City Council finds
that the application should be approved.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1. Based on the above findings and the Planning Director's Findings and
Recommendation which are attached as Exhibit C and adopted in support of this Resolution, it is
ordered that a portion of the land identified as Assessor's Map 18-03-16-30, Tax Lot 100, which
Resolution - Page 1 of 2
is depicted on the map attached as Exhibit A, and more particularly described in the attached
Exhibit B, is annexed to the City of Eugene.
Section 2. This Resolution is effective immediately upon its passage by the City Council.
The annexation and automatic rezoning of the annexed portion of Tax Lot 100 from R-1 Low -
Density Residential and /UL Urbanizable Land to R-1 Low -Density Residential pursuant to EC
9.7820(3) shall become effective in accordance with State law. The unannexed portion of Tax Lot
100 will retain its current Lane County zoning.
The foregoing Resolution adopted the 13" day of November, 2018.
IX IiLlAVI.h JT AlA &iXALA
City Recorder
Resolution - Page 2 of 2
MAP 18-03-16-24
TAX LOT #1002
I I
MAP 18-03-i6-24
TAX LOT #1003 a LA
TO
AN
1 a
I 162.1
I I ASPFjj LI DRNEW�
TAX LOT #400 '
I I Ii
TAX LOT #501
THIS MAP DOES NOT CONSTITUTE
A BOUNDARY SURVEY
MAP 18-03-16-24
TAX LOT #900
MAP 18-03-16-10
S 82' TAX LOT #2600
42'00" E 607.G3'
445,81'
TAX LOT #100 3 "D"'
IRON PIPE
COMMONLY ACCEPTED
o AS THE CENTER 1/4
POINT OFo CORNER OF SECTION 16,
BEGINNING x165, Raw, W.M.
0
N
N 83°06' 40, W 466.60•
628,65'
wHY
TAX LOT #302
LEGEND
LAND IN THE
CITY LIMITS t'
El LAND IN THE
CITY LIMITS
VICINITY MAP (NOT TO SCALE)
ELAND IN THE UGB
(NOT ANNEXED)
CITY LIMITS BOUNDARY LINE 1 0 0
-•••-•••-• UGB LINE SCALE: 1 INCH = 100 FEET
REGISTERED S1 TE PLAN FOR PROPOSED ANNEXA TION
PROFESSIONAL OF A PORTION OF TAX LOT ,¢100
TAX LOT #301 LAND SURVEYOR LANE COUNTY ASSESSOR'S MAP 18—OJ-16--30
/ DRAWN BY: KB
DATE: AUG. 10, 2018Roberts Surveying, Inc.
OREGON R P.O. Box 7155
JULY 15, 2003 REVISION DATE:
KENT BAKER S Springfield, Oregon 97475
#59885 JOB No. 20 18— TOPO-026 ]
RENEWS: 12-31-2019 SHEET I OF 1 Bus. (541) 345-1112
m
X
LINE INFORMATION
COURSE
BEARING DISTANCE
TAX LOT #20o
Ll
N 08° 16' 33" E 93.54'
L2
N 08°06' 33" E 85.04'
L3
S 08°06'33" W 87.56'
14
S 08°16' 33" W 89.85'
TAX LOT #302
LEGEND
LAND IN THE
CITY LIMITS t'
El LAND IN THE
CITY LIMITS
VICINITY MAP (NOT TO SCALE)
ELAND IN THE UGB
(NOT ANNEXED)
CITY LIMITS BOUNDARY LINE 1 0 0
-•••-•••-• UGB LINE SCALE: 1 INCH = 100 FEET
REGISTERED S1 TE PLAN FOR PROPOSED ANNEXA TION
PROFESSIONAL OF A PORTION OF TAX LOT ,¢100
TAX LOT #301 LAND SURVEYOR LANE COUNTY ASSESSOR'S MAP 18—OJ-16--30
/ DRAWN BY: KB
DATE: AUG. 10, 2018Roberts Surveying, Inc.
OREGON R P.O. Box 7155
JULY 15, 2003 REVISION DATE:
KENT BAKER S Springfield, Oregon 97475
#59885 JOB No. 20 18— TOPO-026 ]
RENEWS: 12-31-2019 SHEET I OF 1 Bus. (541) 345-1112
m
X
Exhibit B
L,eqal Description of Affected Territory to be Annexed
(A Fortion of Tax Lot #100)
A unit of land being szfuated in fhe'VVest 1/2Section 16. Township 18 South, Range 3
West of the Willamette Meridian said unit of land being more particularly described as
follovis:
Comirriencinq at the iron pipe commonly used as the center of Section 16, Township
18 South, Range 3 West of the Willamette Merciian; thence South 01'19'30" West
175.00 feet; thence North 83'06'40" West 466.60 feet to the POINT OF
BEGINNING of this land to be annexed;
Thence continuing North 83006'40" West 162.05 feet to the east line of Spring
Boulevard;
Thence along the east line of Spring Boulevard, North 08*16'33" East 93.54 feet;
Thence continuing along said east line of Spring Boulevard, North 08'06'33" East
85.04 feet;
Thence leaving the east line of Spring Boulevard, South 82'42'00' East 162.02 feet;
Thence South 08006'33" West 87.56 feet;
Thence South 08016'33" West 89.85 feet to the point of beginning, all in Lane County,
Oregon and containing 28,835 square feet or 0.66 acre(s) of land, more or less.
Exhibit C
Planning Director's Findings and Recommendation
Annexation Request for Margot Zallen Revocable Trust
(City File: A 18-7)
Application Submitted: August 27, 2018
Applicant: Margot Zallen Revocable Trust
Property Included in Annexation Request: Portion of Tax Lot 100 of Assessor's Map 1803-1630
Zoning: R-1 Low Density Residential with /UL Urbanlzable land Overlay
Location: East side of Spring Boulevard, south of 43c Avenue
Representative: Wllllam Randall, Arbor South Architecture, PC, 541 344 3332
Lead City Staff: Nicholas Gloello, Ory of Eugene Planning Division, 541£82-5453
EVALULATION:
Based on the Information provided by the applicant, the City has determined that this request complies
with Eugene Code LEG) Semon 9.2805 Annexation -Applicability. As such, It is subject to review and
approval In accordance with the requirements, application criteria and procedures of EC 9.7800 through
9.2835. The applicable approval a terla are presented below In bold typeface with findings and
conduslons following each.
EC9.7825(1( The land proposed to be annexed is within the city' s urban growth boundary and is:
(a( Contiguous to the city limits; or
(b( Separated from the city only by a public right of way or a stream, bay, lake or other
body ofwater.
Complies
Findings: A portion of the subject tax lot is located within the Oty/s urban growth
boundary LUGS), with a larger portion of the subject tax lot to the east located outside of
NO
YES
theUGB. The annexation only Includes the area of the subject tax lot within the UGB,
while the land area outside the UGB will remain under the jurisdiction of Lane County.
The area of annexation Is contiguous to the City limits along Its west property boundary,
consistent with subsection (2(.
EC 9.7825(2( The proposed annexation is conairtentwith applicable policies in the Metro Plan and in
aapplicable refinement lane.
Complies
Findings: Several policies from the Metro Plan provide support for this annexation by
encouraging compact urban growth to adhleve efficient use of and urban service
E] NO
YES
provisions within the UGB,Inducing the following ponces from the Growth
Management sector (In Italic text):
Policy B. Land with In the UGB may be convenadfrom urbanlzable to urban only
through annexation to a city ween It isfou no that:
a. Aminimum hotel Gf kry urbonfacillbac andservlcec can beprovldedto the
area in an orderly and fflcient manner.
b. There will be a logical area and time within which to deliver urban servicer
andfacilldac. Conversion f urbanlzable land to urban shall also be
consistent with the Metro Plan. (page 11 CA)
Mail a nuw acowgehmn 1p 18-zl November Y18 EYE
Margot Zallen Revocable Trust (A 18-7) November 2018 Page 2
Policy 10. Annexation to a city through normal processes shall continue to be the
highest priority. (page 11-C-5).
Policy 15. Ultimately, land within the UGB shall be annexed to a city and provided with
the required minimum level of urban facilities and services. While the time
frame for annexation may vary, annexation should occur as land transitions
from urbanizable to urban. (page 11-C-5)
The following policy from the Residential Element of the Metro Plan is also applicable:
Policy A.2 Residentially designated land within the UGB should be zoned consistent with
the Metro Plan, and applicable plans and policies; however, existing
agricultural zoning may be continued within the area between the city limits
and UGB until rezoned for urban uses.
The Metro Plan designates the annexation area as appropriate for low-density
residential use. The South Hills Study is the adopted refinement plan for the subject
property; however, it does not include policies that would serve as approval criteria for
the proposed annexation. Consistent with the land use designations, the portion of the
property to be annexed is currently zoned R-1 Low -Density Residential with /UL
Urbanizable Land Overlay. The /UL overlay will be automatically removed from the
annexed portion of the property following annexation approval.
As previously discussed in this subsection, and further detailed under subsection (3)
below, the proposed annexation is consistent with Metro Plan growth management
policies and can be served by the minimum level of key urban services. The annexation
procedures beginning at EC 9.7800 are consistent with State law and therefore, as found
throughout this report, the annexation is consistent with State law.
Therefore, based on the findings above, the proposal is consistent with the applicable
policies of the Metro Plan and South Hills Study.
EC 9.7825(3) The proposed annexation will result in a boundary in which the minimum level of key
urban facilities and services, as defined in the Metro Plan, can be provided in an
orderly, efficient, and timely manner.
Complies
Findings: Consistent with this criterion, the proposed annexation will result in a
boundary in which the minimum level of key urban facilities and services can be
❑
❑ NO
YES
provided in an orderly, efficient, and timely manner as detailed below:
Wastewater
There is an 8 -inch public wastewater line in Spring Boulevard adjacent to the subject
property, which can provide service.
Stormwater
City of Eugene stormwater systems are not available to serve this property, however, an
open channel exists along the Spring Boulevard. Records show that the soils in the area
are mapped as a Type C. Infiltration testing may be required at the time of development
Margot Zallen Revocable Trust (A 18-7) November 2018 Page 2
to demonstrate adequate percolation rates. There are additional options for complying
with stormwater standards which will be further evaluated at the time of future
development.
Transportation
This property abuts Spring Boulevard, which is within the City of Eugene jurisdiction and
is classified as a local street. Spring Boulevard terminates to the South and connects to
East 43rd Avenue to the north which is also a local street. There are multiple routes
available from the subject property to access East 30th Avenue (a minor arterial). Access
management and street standards will be evaluated at the time of future development.
Lane County Transportation Planning had no comments on the application.
Solid Waste
Collection service is provided by private firms. Regional disposal sites and the Short
Mountain Landfill are operated by Lane County.
Water and Electric
EWEB Water staff state no objection to the annexation. EWEB Electric staff also state no
objection to the annexation. Water and electric services can be extended to the subject
property in accordance with EWEB policies and procedures.
Public Safety
Police protection can be extended to this site upon annexation consistent with service
provision through the City. Fire protection will be provided by the City of Eugene Fire
Department. Emergency medical services are currently provided on a regional basis by
the cities of Eugene and Springfield to central Lane County and will continue in the same
manner upon annexation.
Parks and Recreation
Parks and recreation programs are provided on a City-wide basis. The inclusion of the
subject property in the City is sufficient evidence to demonstrate the minimum level of
this key urban service is met.
Planning and Development Services
Planning and building permit services are provided for all properties located within the
urban growth boundary by the City of Eugene. The Eugene Code, Chapter 9, will provide
the required land use controls for future development of the subject property upon
annexation.
Communications
A variety of telecommunications providers offer communications services throughout
the Eugene/Springfield area.
Public Schools
The subject property is within Eugene School District 4.1 and is within the district
Margot Zallen Revocable Trust (A 15-7) November 2018 Page 3
boundary of Camas Ridge Elementary School, Spencer Butte Middle School, and South
Eugene High School. As access to schools is evaluated on a district wide basis, the
property's location within the school district is sufficient evidence to demonstrate the
minimum level of this key urban service is met.
CONCLUSION:
Based on the above findings, information submitted to date, and the criteria set forth in EC 9.7825, the
proposed annexation is consistent with the applicable approval criteria. A map and legal description
showing the area subject to annexation are included in the application file for reference. The effective
date is set in accordance with State law.
Margot Zallen Revocable Trust (A 18-7) November 2018 Page 4